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Terms of Service
This agreement (the "Agreement") is entered into by and between you ("you")
and Topix LLC, d/b/a Topix.net, (hereinafter referred to as "Topix.net")
regarding your use of the Topix.net service (the "Service"). By using the
Service, you are entering into this Agreement with Topix.net and indicating
that you agree to be bound by these terms and conditions. If you do not agree
with these terms and conditions as originally stated, please do not use the
Service.
- Priority. This Agreement, in combination with Topix.net's Privacy Policy
(available at http://www.topix.net/topix/privacy),
sets forth the terms and
conditions under which Topix.net makes the Service available to you. In the
event of an inconsistency between this Agreement and Topix.net's Privacy
Policy, this Agreement shall control.
- Rights Associated with the Service. The Service is designed to help you
find news information that resides on sites not owned or controlled by
Topix.net. In particular, the Service provides brief descriptions of news
stories to help you identify the stories of interest to you. When you select
a story that appears to be interesting, you will be linked to the news site
on which that story appears. Topix.net owns and retains all intellectual
property rights to the Service; but Topix.net does not claim ownership rights
to the full news stories, which are instead held by the sites to which the
Service links.
- The stories displayed as results, or linked to, by the Service are
developed by people over whom Topix.net exercises no control. The results
that appear from Topix.net's indices are indexed by Topix.net's automated
machinery and computers, and Topix.net cannot and does not screen the sites
before including them in the indices from which such automated search results
are gathered. As a result, the Service may display results and links to sites
that some people find objectionable, inappropriate, or offensive. We cannot
guarantee that a Topix.net page will not include unintended or objectionable
content and assume no responsibility for the content of any site included in
any search results or otherwise linked to by the Service.
- Use of the Service. You may only display the content of the Service for
your own personal use (i.e., non-commercial use) and may not otherwise copy,
reproduce, alter, modify, create derivative works, or publicly display any
content. For example, you may not do any of the following: use the Service to
sell a product or service; use the Service to increase traffic to your Web
site for commercial reasons, such as advertising sales; take the results from
the Service and reformat and display them, or mirror any portion of the
results on your Web site; or use the Service as part of a "meta-search"
offering. You also agree that you will not use any robot, spider, other
automated device, or manual process to monitor or copy any content from the
Service. If you are uncertain whether your intended use of the Service is
permissible, please contact us. In addition, Topix.net shall have the right
in its sole discretion to suspend or terminate the Service or your access to
it.
- Disclaimer of Warranties. Topix.net disclaims any and all responsibility
or liability for the accuracy, content, completeness, legality, reliability,
or operability or availability of information or material displayed by using
the Service. Topix.net disclaims any responsibility for the deletion, failure
to store, misdelivery, or untimely delivery of any information or material.
Topix.net disclaims any responsibility for any harm resulting from
downloading or accessing any information or material on the Internet through
the Service.
THE TOPIX.NET SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES
INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
TOPIX.NET AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TOPIX.NET AND
ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SERVICE. TOPIX.NET AND ITS LICENSORS
DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
SERVICE. TOPIX.NET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY
LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR
DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME
STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TOPIX.NET OR ITS
LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR
RELIANCE ON THE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR
THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TOPIX.NET OR
ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO
THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE
SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Topix.net or its
licensors be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning.
- Requests for Removal of Links or Cached Materials. Topix.net
occasionally receives requests from people to remove links from its indices.
Although Topix.net reserves the right to address such requests individually,
the general approach that Topix.net takes reflects the following principles:
Topix.net's indices consist of information that has been identified, indexed
and compiled through an automated process with no advance review by human
beings. Given the enormous volume of web site information added, deleted, and
changed on a frequent basis, Topix.net cannot and does not screen anything
made available through its indices. For each web site reflected in
Topix.net's indices, if either (i) a site owner restricts access to his or
her web site or (ii) a site is taken down from the web, then, upon receipt of
a request by the site owner or a third party in the second instance,
Topix.net would consider on a case-by-case basis requests to remove the link
to that site from its indices. However, if the operator of the site does not
take steps to prevent it, the automatic facilities used to create the indices
are likely to find that site and index it again in a relatively short amount
of time.
- Hold Harmless and Indemnity. You agree to hold harmless and indemnify
Topix.net, and its employees, agents and representatives, from and against
any third party claim arising from or in any way related to your use of the
Service, including any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature. In such a case, Topix.net will
provide you with written notice of such claim, suit or action.
- Release and Waiver. To the maximum extent permitted by applicable law, you
hereby release, and waive all claims against Topix.net and its employees and
agents from any and all liability for claims, damages (actual and
consequential), costs and expenses (including litigation costs and attorneys'
fees) of every kind and nature, arising out of or in any way connected with
use of the Service. If you are a California resident, you waive your rights
under California Civil Code § 1542, which states, "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." Residents of other
states and nations similarly waive their rights under applicable and/or
analogous laws, statutes, or regulations.
- Modifications of Terms. Topix.net shall have the right to modify the
terms of this Agreement at any time, which modification shall be effective
immediately upon posting. Accordingly, we suggest that you check this page
periodically. To make your review more convenient, we will post a version
number or date at the bottom of this page.
- Intellectual Property Policy. Topix LLC respects the
intellectual property rights of others and endeavors to comply with
all applicable US laws regarding intellectual property. Accordingly,
it is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act. Further, Topix's
policy is to provide attribution for the content available on the
Service by linking to the source of the content. For directions and more
information, please click here.
For information regarding our trademark compliance procedure, please
click here.
- RSS Content/Iframe. Topix.net offers RSS format feeds for
each of our topical news pages, other than the front page. Access is
via the XML button located on the upper right hand corner on each
such page. Attribution (included in each feed) is required as set
forth below.
Topix.net also offers syndication of its healdlines for each of our topical
news pages, other than the front page. Access is via the "Add Headlines"
link located on each page.
The RSS feeds and the Iframe syndication are provided free of charge for use
by individuals and non-profit organizations for personal, non-commercial
uses. In both cases, we require that you provide attribution to Topix.net. In
connection with the RSS feed, if you provide this attribution in text, please
use: "News on [name of page] from Topix.net" and a hyperlink to the Topix.net
source page. If you would prefer to provide this attribution with a graphic,
please contact us so that we may provide you with the Topix.net logo.
Topix.net attribution is built into the Iframe graphcis, which attribution
may not be edited, altered, or removed. We reserve all rights in and to the
Topix.net name and logo, and your right to use the Topix.net name or logo is
limited to providing attribution in connection with these RSS feeds
and Iframe. We are also including the provider of each individual
news story in the feed alongside each headline, along with a hyperlink
to that site. Please do not alter this for display. We want our news
providers to be not only attributed for their work but also receive the
traffic from those interested in reading a particular story. Topix.net
also reserves the right to require you to cease utilizing either the
RSS feed and/or the Iframe at any time for any reason.
- Miscellaneous. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be deemed superseded by a valid
enforceable provision that most closely matches the intent of the original
provision and the remaining provisions shall be enforced. Topix.net's failure
to act with respect to a breach by you or others does not waive Topix.net's
right to act with respect to subsequent or similar breaches. The failure of
Topix.net to exercise or enforce any right or provision of these terms and
conditions shall not constitute a waiver of such right or provision. The
section headings and subheadings contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of this
Agreement. This agreement shall be interpreted in accordance with the laws of
the State of California as if made in California by two residents of that
state. Any controversy or claim arising out of or relating to this Agreement
shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The decision of the arbitrator shall be final and unappealable.
The arbitration shall be conducted in Palo Alto, California and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof. Notwithstanding anything to the contrary, Topix.net may at any time
seek injunctions or other forms of equitable relief from any court of
competent jurisdiction. Notwithstanding any provision hereof, for all
purposes of this Agreement each party shall be and act as an independent
contractor and not as partner, joint venturer, agent, employee or employer of
the other and shall not bind nor attempt to bind the other to any contract.
This Agreement constitutes the entire agreement between Topix.net and you
with respect to the subject matter hereof.
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